Resolution 1980-078BOOK 052 Put vul
April 8, 1980
RESOLUTION 80 - 28
RELATING TO PETITION FOPO- 80 -V -5 FOR A
VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD DAMAGE
PREVENTION ORDINANCE (FDPO) NO. 79 -62.
WHEREAS, the petitioner desires to build a single family home at
1741 Wavecrest Court, (Lot 8, Block 43, Unit 2 of Marco Island Subdivi-
sion) and has requested a variance from the Minimum Base Flood Eleva-
tion required by the FDPO No. 79 -62; and,
WHEREAS, the Board of Zoning Appeals has held a public hearing
as required by law; and,
WHEREAS, the Board of Zoning Appeals has reviewed Petition
FDPO- 80 -V -5 in accordance . with Section 18, Paragraphs (5), (6) and
(7), and has made a finding that the granting of Petition FDPO- 80 -V -5,
In its opinion, complies with the intent and purpose of said Section of
Ordinance 79 -62 as follows:
(5) The 2 feet reduction from the Flood Insurance Rate Map
(FIRM) 11' National Geodetic Vertical Datum (NGVD) require-
ment to 9' NGVD is the minimum variance necessary, consider-
ing the flood hazard, to afford relief.
This conclusion is based on the following facts:
The adjoining home on the north is at an elevation of 8.61
NGVD the adjoining house on the south is at an elevation of
8.80. The requested variance will put the elevation of the
petitioner's home approximately I*' above the existing homes.
This is a reasonable difference in order to control drain-
age on -site, allow for access to the subject home and provide
for an appearance in keeping with other homes In the sur-
rounding neighborhood.
(6) The 2' variance is Issued upon:
(a) A showing of good and sufficient cause based on review
of considerations contained in (7), following.
(b) A determination that failure to grant the variance would
result in exceptional hardship to the applicant.
(c) A determination that the granting of a variance will not
result in Increased flood heights, additional threats to
public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public,
or conflict with existing local laws or ordinances.
(7) In passing upon this variance, the Board of Zoning Appeals
has considered all technical evaluations, all relevant factors,
standards specified in other sections of this ordinance, and
the following; (The Board's findings are noted in paren-
theses)
(a) the danger that materials may be swept onto other lands
to the injury of others. (such danger will not be signif-
icantly affected by the granting of this variance)
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CV, Apri 80
(b)
the danger to life and property due to flooding or
erosion damage; (not significantly affected by granting
of variance)
(c)
the susceptibility of the proposed facility and its con-
tents to flood damage and the effect of such damage on
the individual owner; (susceptibility held to be minimal)
(d)
the importance of the services provided by the proposed
facility to the community; (not applicable)
(e)
the necessity to the facility of a waterfront location,
where applicable; (not applicable)
(f)
the availability of alternative locations, not subject, to
flooding or erosion damage, for the proposed use; (no
alternative location Is possible)
(g)
the compatibility of the proposed use with existing and
anticipated development; (granting of 2' variance deter-
mined to be compatible)
(h)
the relationship of the proposed use to the plan and
flood plain management program for the area; (consistent
with County's flood plain management program)
(1)
the safety of access to the property in times of flood
for ordinary and emergency vehicles; (access will not be
significantly affected by granting of this variance)
(J)
the expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site; (not significantly affected by the granting of this
variance)
(k)
the costs of providing governmental services during and
after flood conditions including maintenance and repair of
public utilities and facilities such as sewer, gas, electri-
cal, and water system, and streets and bridges. (normal
cost as per surrounding residences)
(1)
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result. (Not applicable, not in
designated floodway).
(m)
Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of
one -half acre or less in size contiguous to and surround-
ed by lots with existing structures constructed below the
base flood level, providing items (a - 1) have been fully
considered; (subject lot does comply with this provision.
NOW, THEREFORE, BE' IT RESOLVED by the Board of Zoning Appeals,
that Petition
FDPO- 80 -V -5 is hereby granted subject to the following
conditions:
1. The variance
shall be for the reduction of the Minimum Base 1•lood
Elevation
required by FDPO No. 79 -62 from 11 feet NGVD to. 9
NGVD.
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BOOK 052 A April 8, 1980
2. a ief Administrative Official shall mail a copy of this Resolu-
tion to the petitioner by registered return receipt and such mailing
shall constitute compliance with Section 18, Paragraph (10) of
FDPO No. 79 -62 which reads as follows:
"Any applicant, to whom a variance is granted,
shall be given written notice that when a
structure is permitted to be built with the
lowest habitable floor elevation below the
base flood elevation, the cost of flood insur-
ance will be commensurate with the increased
risk resulting from the reduced lowest habitable
floor elevation."
3. The granting of this variance has been predicated principally on
the engineering data and information provided by the petitioner
and a review of same with respect to the considerations required
by the FDPO No. 79 -62.
The granting of this variance by the Board of Zoning Appeals
does not make or imply any assurances that the subject property
or structures are not subject to flood damages.
Further, the granting of this variance shall not create liabil-
ity on the part of Collier County or by any officer or employee.*
thereof for any flood damages that result from reliance on this
variance or any administrative decision lawfully made thereunder.
In accepting this variance, the petitioner assumes all respon-
sibility for any property damage resulting from its application.
Commissioner Archer motioned, seconded by Commissioner
Pistor for the adoption of this Resolution. Upon call for
the vote, the motion carried.
BOARD OF COUNTY COMMISSIONERS
DATE: April 8. 1980 COLLIER COUNTY, FLORIDA
ATTEST: BY:
WILI,.i (QM GAN, K CLIFFORD WENZE , CHAIRMAN
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NJS /sgg /61 -E
Planning Dept.
2/26/80
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